First National Bank v. Cooke
Superior Court of Pennsylvania
Appeal, No. 163, Nov. T., 1896, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1896, No. 91, striking off judgment and setting aside sci. fa. The form of the action was assumpsit. From the record it appears that summons assumpsit, exit Sept. 12, 1896, returnable third Monday.in Sept., 1896, this writ was returned nihil habet, Sept. 14, 1896, statement filed.
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Appeal, No. 163, Nov. T., 1896, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1896, No. 91, striking off judgment and setting aside sci. fa. The form of the action was assumpsit. From the record it appears that summons assumpsit, exit Sept. 12, 1896, returnable third Monday.in Sept., 1896, this writ was returned nihil habet, Sept. 14, 1896, statement filed. Oct. 2, 1896, alias summons, returnable first Monday in October, 1896. The return to the alias summons was as follows: “ Served J. W. Cooke, residing at No. 2015 N. 22nd Street, by leaving October 3rd, 1896, a true and…
1Opinion of the Court
Opinion by
Beaver, J.,
The act of June 13, 1836, P. L. 568, section 1, provides that “personal actions, except in cases where other process shall be especially provided, shall be commenced by a writ of summons,” the form of which is therein set forth. The second section of this act provides the manner in which the service of such a summons shall be made. A summons was issued in accordance with the provisions of this act in the present case September 12, 1896, returnable the third Monday of September, 1896. There was no service and the summons was returned “nihil habet.” An alias summons was…
2Cases cited2 opinions
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
- McClurg v. Fryer & AndersonSupreme Court of Pennsylvania · 1851
3Cited by4 opinions
- Murta v. ReillySupreme Court of Pennsylvania · 1922
- Smith v. BergdollSuperior Court of Pennsylvania · 1931
- Commonwealth v. BangsSuperior Court of Pennsylvania · 1903
- Smith v. Bergdoll, Pennsylvania Court of Common Pleas, Philadelphia County1931